Environmental Protection

Transcription

1 Department of Environmental Protection Jeb Bush Governor Central District 3319 Maguire Boulevard, Suite 232 Orlando, Florida Colleen Castille Secretary By In the Matter of an Application for Permit by: OCD-SW Brevard County Solid Waste Management Brevard County SW Authority Brevard County Central Disposal Facility, 2725 Judge Fran Jamieson Way, Bldg. A Class I Viera, FL Attention: Mr. Euripides Rodriguez DEP File No. SO This is the Department s Intent to Issue, and enclosed are the Notice of Proposed Agency Action and Draft Permit for the project and file number noted above. Please contact the Central District s Solid Waste Program at if you have questions or need further information. INTENT TO ISSUE The Department of Environmental Protection gives notice of its intent to issue a permit (copy of conditions attached) for the proposed project as detailed in the application specified above, for the reasons stated below. The applicant, Brevard County Solid Waste Management Authority/Euripides Rodriguez, applied on December 8, 2005, to the Department of Environmental Protection for a permit to continue operation of the Brevard County Central Disposal Facility, Class I, in Brevard County, Florida. The Department has permitting jurisdiction under Section (1), F.S. and Chapters 62-4, , and F.A.C. The project is not exempt from permitting procedures. The Department has determined that an operation permit is required for the proposed work. Pursuant to Section , F.S., you are required to publish at your own expense the enclosed Notice of Proposed Agency Action. The notice shall be published one time only within 30 days in the legal ad section of a newspaper of general circulation in the area affected. For the purpose of this rule, "publication in a newspaper of general circulation in the area affected" means publication in a newspaper meeting the requirements of Sections and , F.S., in the county where the activity is to take place. Where there is more than one newspaper of general circulation in the county, the newspaper used must be one with significant circulation in the area that may be affected by the permit. If you are uncertain that a newspaper meets these requirements, please contact the Department at the address or telephone number listed below. You must provide proof of publication to the Department at the address listed below as soon as practical after publication. Department of Environmental Protection, 3319 Maguire Boulevard, Suite 232, Orlando, FL 32803, telephone 407/ The Department will issue the permit with the attached conditions unless a timely petition for an administrative hearing is filed under Sections and , F.S., before the deadline for filing a petition. The procedures for petitioning for a hearing are set forth below. A person whose substantial interests are affected by the Department s proposed permitting decision may petition for an administrative proceeding (hearing) under Sections and , F.S. The petition must contain the information set forth below and must be filed (received) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida "More Protection, Less Process"

2 Petitions by the applicant or any of the parties listed below must be filed within 14 days of receipt of this written notice. Petitions filed by other persons must be filed within 14 days of publication of the notice or receipt of the written notice, whichever occurs first. Under Section (3), F.A.C., however, any person who asked the Department for notice of agency action may file a petition within fourteen days of receipt of such notice, regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition within the appropriate time period shall constitute a waiver of that person s right to request an administrative determination (hearing) under Sections and , F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule , F.A.C. A petition that disputes the material facts on which the Department s action is based must contain the following information: (a) The name, address, and telephone number of each petitioner, the applicant's name and address, the Department File Number and the county in which the project is proposed; (b) A statement of how and when each petitioner received notice of the Department's action or proposed action; (c) A statement of how each petitioner's substantial interests are or will be affected by the Department's action or proposed action; (d) A statement of all material facts disputed by petitioner or a statement that there are no disputed facts; (e) A statement of the ultimate facts alleged, including a statement of the specific facts which the petitioner contends warrant reversal or modification of the Department's action or proposed action; (f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the Department's action or proposed action; and (g) A statement of the relief sought by the petitioner, stating precisely the action the petitioner wants the Department to take with respect to the Department's action or proposed action. A petition that does not dispute the material facts on which the Department s action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule , F.A.C. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department s final action may be different from the position taken by it in this notice. Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. Mediation is not available in this proceeding. Any party to this order has the right to seek judicial review of it under Section , F.S., by filing a notice of appeal under Rule 9.110, Florida Rules of Appellate Procedure, with the clerk of the Department in the Office of General Counsel, Mail Station 35, 3900 Commonwealth Boulevard, Tallahassee, Florida , and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within thirty days after this order is filed with the clerk of the Department.

3 Executed in Orlando, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Vivian F. Garfein Director, Central District 3319 Maguire Boulevard, Suite 232 Orlando, Florida / Date: May 4, 2006 FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section , F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk May 4, 2006 Date CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this INTENT TO ISSUE and all copies were mailed by certified mail before the close of business on May 4, 2006 to the listed persons. Clerk VFG/gc/ew Enclosures Copies furnished to: Richard Tedder, P.E. DEP Tallahassee Fred Wick DEP Tallahassee Bill Embree, P.E. HDR Engineering, Tampa, FL Carlo Lebron, P.E. HDR Engineering, Jacksonville, FL

4 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF PROPOSED AGENCY ACTION The Department of Environmental Protection gives Notice of its intent to issue an operation permit to Brevard County Solid Waste Management Authority/Euripides Rodriguez, 2725 Judge Fran Jamieson Way, Bldg. A, Viera, FL 32940, to continue operating the Brevard County Central Disposal Facility, Class I, in Brevard County, FL. The facility is located west of Interstate 95 and north of State Rd. 520 exit on Interstate 95 at 2250 Adamson Rd., Cocoa, in Brevard County, FL. The Department has assigned File Number SO to the project and has considered the effects of this landfill on ground water and surface water. The Department's file on this matter is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department of Environmental Protection, Central District office, 3319 Maguire Boulevard, Suite 232, Orlando, FL 32803, Telephone 407/ A person whose substantial interests are affected by the above proposed agency action may petition for an administrative determination (hearing) under sections and of the Florida Statutes. The petition must contain the information set forth below and must be filed (received) in the Department's Office of General Counsel, Marjory Stoneman Douglas Building, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida Petitions filed by any persons other than those entitled to written notice under section (3) of the Florida Statutes must be filed within 14 days of publication of this notice or receipt of the written notice, whichever occurs first. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition within the appropriate time period shall constitute a waiver of that person s right to request an administrative determination (hearing) under sections and of the Florida Statutes, or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with rule of the Florida Administrative Code. A petition that disputes the material facts on which the Department s action is based must contain the following information: (a) The name, address, and telephone number of each petitioner, the applicant's name and address, the Department File Number and the county in which the project is proposed; (b) A statement of how and when each petitioner received notice of the Department's action or proposed action; (c) A statement of how each petitioner's substantial interests are affected by the Department's action or proposed action; (d) A statement of all material facts disputed by petitioner or a statement that there are no disputed facts; (e) A statement of facts which the petitioner contends warrant reversal or modification of the Department's action or proposed action; (f) A statement of which rules or statutes the petitioner contends require reversal or modification of the Department's action or proposed action; and (g) A statement of the relief sought by the petitioner, stating precisely the action the petitioner wants the Department to take with respect to the Department's action or proposed action. A petition that does not dispute the material facts on which the Department s action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule of the Florida Administrative Code. Page 1 of 2

5 Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department s final action may be different from the position taken by it in this notice. Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. In accordance with Section , F.S., the Department advises that mediation is not available in this case as an alternative to filing a petition for an administrative determination. Page 2 of 2